Which of the following is a qualifying event under the FMLA?

In addition to medical leave, the birth of a newborn or the placement of a child in adoption or foster care is also considered an FMLA qualifying event.

What is a reason a qualified employee can request FMLA leave?

When Can I Use FMLA Leave? You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition.

Does FMLA apply to visa holders?

The FMLA and the H-1B visa Holders of H-1B visas have the same FMLA rights as other workers in the U.S. This means that eligible H-1B visa holders must be given the same rights as other employees are given at the same company.

Can FMLA be used for different reasons?

FMLA leave may be available to address certain health-related issues resulting from domestic violence. An eligible employee may take FMLA leave because of his or her own serious health condition or to care for a qualifying family member with a serious health condition that resulted from domestic violence.

Does a broken leg qualify for FMLA?

Temporary conditions, such as a broken bone that heals fully, would qualify for FMLA leave but not as a disability under the ADA. (See our article on the ADA and temporary conditions.)

What is the definition of the escalator principle?

The escalator principle requires that each returning service member be reemployed in the position the person would have occupied with reasonable certainty if the person had remained continuously employed, with full seniority. The position may not necessarily be the same job the person previously held.

Do you have to be a US citizen to qualify for FMLA?

You do not have to be a U.S. citizen to be eligible.

Does FMLA cover immigration?

An employee who is sick, or whose family members are sick, may be entitled to leave under the Family Medical Leave Act (FMLA) regardless of their immigration status. The FMLA only covers larger employers (those with 50 or more employees within a 75-mile radius).

Can you have 2 different FMLA?

Q: Can an employee have FMLA coverage for multiple claims for different qualifying events? A: Yes. An employee is allowed 12 weeks of FMLA protected leave in a 12 month time period.

What happens if you leave the US with a reentry permit?

This could affect your reentry into the U.S. Your residence in the United States may be considered as abandoned if you take up residency in a foreign country, even if the duration of absence is less than one year. In such cases, a reentry permit will help your cause as a lawful permanent resident.

What do employers need to know about FMLA leave entitlement?

Additionally, if the amount of leave needed is known, an employer must inform an employee of the number of hours, days or weeks that will be counted against the employee’s FMLA leave entitlement in the designation notice.

What happens if an employee does not provide FMLA certification?

If an employee fails to timely submit a properly requested medical certification (absent sufficient explanation of the delay), FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave.

Can I take FMLA leave for qualifying exigency leave?

An eligible employee may take all 12 weeks of his or her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of 12 weeks of leave for both qualifying exigency leave and leave for a serious health condition. (Q) Can I take qualifying exigency leave when my military member returns from deployment? Yes.